Terms of Service

BudStacks is a B2B SaaS infrastructure platform for licensed cannabis operators. We do not sell, advertise, dispense, or recommend cannabis or cannabis products to consumers. Our customers are licensed operators who are solely responsible for regulatory compliance in their jurisdictions, including holding all required licences and permits.

By accessing or using BudStacks, you agree to be bound by these Terms of Service, the Acceptable Use Policy, the Privacy Policy, and (where applicable) the Data Processing Agreement. If you do not agree, do not use the service.

To use BudStacks as an operator, you represent and warrant that:

• You are of legal age in your jurisdiction.
• You hold a valid operating licence (clinic, pharmacy, dispensary, or equivalent) for the activity you intend to conduct on the platform, and will maintain that licence in good standing throughout the contract.
• You have authority to bind the entity you represent.
• Your use of the platform complies with all applicable laws, including those of the United Kingdom (MHRA, Human Medicines Regulations 2012), Portugal (INFARMED), South Africa (SAHPRA), and other relevant regulators.
• You are not located in, organised under, or ordinarily resident in a sanctioned jurisdiction; you are not on any government denied-parties list.

End-customers of operator storefronts are subject to the operator's own eligibility criteria, including age verification and prescription requirements.

You are responsible for maintaining the confidentiality of your account credentials and all activity conducted under your account. You must use strong passwords, enable multi-factor authentication where offered, and notify us immediately at security@budstacks.io of any suspected unauthorised access.

As an operator using the platform, you agree to:

• Hold and maintain all required licences for the activities you conduct on your storefront.
• Comply with marketing and advertising rules for cannabis products in your jurisdiction, including the UK Human Medicines Regulations 2012 (Regulation 279) and the MHRA Blue Guide where applicable. Do not publish therapeutic, curative, or treatment claims for unlicensed medicinal cannabis products.
• Comply with platform advertising policies of Meta, LinkedIn, Google, TikTok, and others, when promoting your storefront via those channels. BudStacks does not buy or run advertising on your behalf.
• Implement age verification (18+ or 21+ per local law) on your storefront before checkout.
• Verify prescriptions and conduct KYC where required by local regulation before fulfilling orders.
• Display required disclaimers and disclosures, including operator licence numbers, product disclaimers, and consumer rights notices.
• Be the controller of all personal data of your end-customers and patients; comply with the GDPR / UK GDPR; sign and abide by the DPA.
• Indemnify BudStacks against regulatory action, claims, or losses arising from your storefront operations, marketing, content, or regulatory non-compliance, except to the extent caused by BudStacks' material breach of these Terms.

BudStacks may suspend or terminate accounts that breach these obligations or create regulatory or reputational risk to the platform.

Subscription fees, transaction fees and any usage charges are stated in your order form or pricing page at the time of purchase. Fees are exclusive of taxes; you are responsible for all applicable VAT, GST, sales taxes, and withholding. Late payments may incur interest at the statutory rate. We may revise prices on renewal with at least 30 days' written notice.

We aim for high availability but do not guarantee uninterrupted service. We may perform maintenance, deploy updates, and modify or deprecate features. Material feature deprecations affecting paid functionality will be announced at least 90 days in advance. Specific uptime commitments, where offered, are set out in the relevant service order or service-level agreement.

BudStacks retains all rights, title, and interest in the platform, including code, design, documentation, brand assets, and trademarks. You retain ownership of your content (logos, copy, product data, customer data). You grant BudStacks a limited, non-exclusive licence to host, display, and process your content solely to provide the service.

Third-party brand marks displayed on the platform — including those of Dr. Green — remain the property of their respective owners. BudStacks displays such marks under permission of the relevant licensor where applicable.

You may not use the platform in any way that:

• Violates applicable law (including narcotics, advertising, data protection, or sanctions law).
• Promotes, lists, or facilitates the sale of cannabis to consumers in jurisdictions where such sale is illegal.
• Makes therapeutic, curative or medical-treatment claims about products that are not authorised medicines.
• Targets minors or fails to age-gate content where required by local law.
• Probes, scans, or attempts to penetrate platform security; circumvents rate limits or licensing controls.
• Uploads malicious code, transmits spam, or scrapes other tenants' data.
• Infringes the intellectual-property or privacy rights of any party.

The full list of prohibited conduct is in the Acceptable Use Policy, incorporated by reference into these Terms.

The platform is provided "as is" and "as available". To the maximum extent permitted by law, BudStacks disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. BudStacks does not warrant that the platform will be uninterrupted, error-free, or secure against all threats.

To the maximum extent permitted by law, BudStacks' aggregate liability arising out of or related to these Terms shall not exceed the fees paid by you to BudStacks in the 12 months preceding the event giving rise to liability. BudStacks is not liable for indirect, incidental, special, consequential, or punitive damages, lost profits, or lost data. Regulatory fines, penalties, and enforcement costs arising from operator activity are excluded from BudStacks' liability and are the sole responsibility of the operator.

Nothing in these Terms excludes or limits liability for fraud, gross negligence, or any other liability that cannot be excluded by applicable law.

These Terms remain in effect while you use the platform. Either party may terminate for material breach not cured within 30 days of written notice. BudStacks may terminate or suspend immediately if you breach the Acceptable Use Policy, fail to pay, lose required licences, or create material regulatory or reputational risk. On termination, you may export your data for 30 days, after which we delete or return it per the DPA.

Material changes are recorded in the legal changelog and we will notify you by email at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

These Terms are governed by the laws of Portugal, without regard to conflict-of-laws rules. The courts of Lisbon, Portugal have exclusive jurisdiction over any dispute, subject to mandatory consumer-protection provisions of your country of residence.

Legal: legal@budstacks.io
Postal: Budstacks Lda, Lisbon, Portugal